Nevada school reopens amid call to name young gunman

Oct. 23, 2013
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Washoe County School Board President Barbara Clark walked past a makeshift memorial in front of Sparks Middle School in Sparks, Nev., on Oct. 23, 2013. Two days earlier, math teacher Michael Landsberry was killed and two students wounded before a 12-year-old gunman killed himself. / Scott Sonner, AP

by Michael Winter, USA TODAY

by Michael Winter, USA TODAY

As students returned to class Wednesday and the community prepared for a candlelight vigil, Sparks, Nev., authorities were being pressured to publicly identify the 12-year-old boy who killed a teacher Monday and wounded two classmates before taking his own life.

The Washoe County District Attorney also faced questions about whether the boy's parents might face criminal charges because the seventh-grader at Sparks Middle School used a 9mm semiautomatic pistol he brought from home.

The Sparks Police Department announced Tuesday that it would not release the shooter's name, citing his parents' grief.

"We have been in contact with the parents of the suspect in this matter and out of respect for them, we will not be releasing the identity of the shooter," said Police Chief Tom Miller. "They are grieving parents and are going through a very challenging, difficult time."

The Reno Gazette-Journal has filed a request to release the boy's identity, citing Nevada public-records laws. The paper is owned by Gannett, the parent company of USA TODAY.

"Knowing the shooter's identity now is crucial to revealing the circumstances that led to the tragedy," the paper wrote in an editorial Wednesday. "Better understanding the boy's motive will help our community heal sooner.

"The alleged name of the shooter has been mentioned by others in a variety of places. Without an official identification, our community must rely on gossip and child eyewitnesses in determining the shooter's identity. This is wholly inappropriate."

The city has five days to respond.

Authorities said they were still seeking a motive, including whether he had been bullied or targeted specific students or teachers. Michael Landsberry, a popular math teacher and Marine Corps veteran, died after being shot in the chest while trying to persuade the youth to put down the gun.

Another unanswered question hovering over the investigation is whether the boy's parents could face charges.

Miller said that "the potential is there," but that the decision rested with prosecutors.

Washoe County Assistant District Attorney John Helzer would not discuss the possibility of charges, calling it a hypothetical during an investigation, the Gazette-Journal reported Wednesday.

The Christian Science Monitor reports that Nevada and 26 other states have so-called Child Access Prevention laws, and that Nevada is one of a dozen that "prohibits only intentional, knowing, or reckless provision of firearms to minors."

Except as otherwise provided in this section, a child under the age of 18 years shall not handle or have in his or her possession or under his or her control, except while accompanied by or under the immediate charge of his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, any firearm of any kind for hunting or target practice or for other purposes. ...

A first offense is a misdemeanor, but an adult who "knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act" could be convicted of a felony -- with significant exceptions:

(a) The firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure;

(b) The child obtained the firearm as a result of an unlawful entry by any person in or upon the premises where the firearm was stored;

(c) The injury or death resulted from an accident which was incident to target shooting, sport shooting or hunting; or

(d) The child gained possession of the firearm from a member of the military or a law enforcement officer, while the member or officer was performing his or her official duties.

The law also spells out firearms access and use by children 14 to 18 years old.

Even if no criminal charges are filed, the boy's parents still could face civil action from the families of the dead and wounded.

As Sparks schools resumed Wednesday, police were interviewing several students who witnessed the shootings.

Parents of the two students who were shot said Wednesday that the boys were recovering.

Jenifer Davis told reporters outside Renown Regional Medical Center in Reno that her son, Mason, was trying to stop the shooter when a bullet struck him in the abdomen and exited through his backside.

"We are happy that he is on the road to recovery and is doing well. In fact, he is already up and about. He is in good spirits, although saddened by the loss of his friend, Mr. Landsberry," Davis said.

She added that she did not believe her son was targeted.

Davis said she would "be getting involved with issues around gun safety in the hopes of preventing this kind of situation in the future."

The parents of the other boy did not identify themselves but released an anonymous statement through the hospital.

"We want to share with you that our son is doing well. He was shot through the shoulder and recovering. ‚?¶We do not believe our son was a target in this shooting."

A candlelight vigil is scheduled for Wednesday at 7 p.m. (10 p.m. ET) in front of Sparks Middle School. An hour before, the African American Clergy Council of Northern Nevada planned a prayer vigil at the Second Baptist Church of Reno.

Several other vigils, prayer services and fundraisers are scheduled in the coming days.